Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



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  1. #1
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    Default Help needed with contents claim please

    My parents were recently burgled.
    The thieves forced the kitchen window and stole their flatscreen TV and a small amount of cash
    The insurance company (Halifaxicon) are trying to force them to use its own contracter to replace the window and accept a cheaper different make of TV from their chosen supplier (Comet i think).
    Can they do this?
    I'm sure they can't but my parents are ready to give in because they've suffered enough with the trauma of the burglary and do not relish facing a battle with the insurance company.
    My parents have used the same builder for years, he's a man they know and trust and they would like him to replace the window rather than let strangers into their home.
    They are not trying to 'fiddle' any extra money from the insurance company they just want the window secure and their TV replacing with the same one or nearest available and get the whole thing over and done with.
    Any advice please?


  2. #2
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    Default Re: Help needed with contents claim please

    The only way that you will be able to get your own man to do the work is to show that he will do it more cheaply than the insurers contractor.you would need to persuade the insurers to let you know how much their man is going to charge. I can imagine that that would be very difficult. They would be very unwilling to let you have this information.

    On the question of the television, I don't think that you have to accept their cheaper different make a television. Simply get two or three estimates for the television that you want -- as long as it is the same make and same model of the one you are replacing. Send them to the insurers and tell them that you will be buying the cheapest one and give them seven days to raise any objections.

    Please don't pm me about specific questions unless you have posted and it has not been dealt with or unless the matter is confidential.
    Please include a link to the post you want me to look at. If you have received a defence, contact me.
    Advice & opinions of BankFodder, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

  3. #3
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    Default Re: Help needed with contents claim please

    BF is spot on. Little chance they will agree to let you use own contractor. However they have no right to force an inferior tv on you. If they argue ask for a copy of their complaints proceedure. By all means let then replace it via their supplier but for a similar model that your folks are happy with. They will back down on this.


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    Default Re: Help needed with contents claim please

    The Insurer can cash settle on both aspects and leave you to do whatever you like.


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    Default Re: Help needed with contents claim please

    Be careful about accepting cash settlements. Often insurance companies can acquire large discounts for bulk business, and if you demand cash then they only have to pay you the cash amount they would have to pay a supplier.


    So in theory you could get your man to do the work for £1000. The insurance company's preferred supplier might do it for £1000, but offer a 30% discount to the insurer, meaning that they would only have to pay £700. In this case they need only offer you £700 against what your man would do it for.

    The only way you could force the insurer to use a different supplier is if you could prove that the quality of the work would be insufficient. To use an extreme example say your window was a stain-glass window and the insurer wanted to use a non-specialist repairer. You could argue that a specialist was needed to insure that the work was done to the correct standard.


    If your man is cheaper tell your insurer and they will switch to save themselves money. If he is a little more expensive then ask for the cash settlement and pay the difference for the convenience.

    As for the TV, as correctly stated, make sure you hold out for a similar quality item. Claims departments can be very pressurising. If they are stalling for time or winding you up put in an official complaint. Ask for a copy of their TCF (Treating Customers Fairly) rules to see if they are breaching their own guidelines - which at it's most extreme could result in them having their trading licence removed so it's not something they will take lightly.


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    Default Re: Help needed with contents claim please

    Thanks for the advice everyone.
    A compromise has been reached. My parents paid an extra £70 to get the TV of their choice, the one suggested by the insurance company did have the same spec but was an inferior brand (in my opinion, but that's difficult to argue).
    The insurance company are letting my parents use their own contractor.
    I can only guess that his quote was the same or lower than the insurance's usual contractor.
    They are just glad it has been resolved and i thought i would post the outcome on here for anyone in a similar situation.



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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE